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\ fAPHCOI 0386272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) F MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20170 OF 2025 Between: Kamakshi Vannamma, W/o late K.Adinarayana, Aged about 50 yrs, Occ: R/o D.No.7-111, Ambedkar Colony, Pamidi, Ananthapur Town, Housewife, Ananthapur District. ...Petitioner AND
1. The Union of India, Rep by Its Secretary, Finance and Banks Departmen, Sastri Bhavan, New Delhi, India. 2. The Deputy Chief General Manager, Reserve Bank of India, Regional Branch at Lakadikapul Hyderabad, Telangana State. 3. M/s Hinduja Housing Finance Limited, Rep. by its Authorized Officer, O/o No. 167-169, S**" Floor, Anna Salai, Saidapet, Chennai-600015. 4. M/s Hinduja Housing Finance Limited, D.No.54-16/3/1, 3rdFloor, Central Excise Colonly, Road No.1, Near Loyala College Main Gate, Vijayawada, Rep. by its Authorized Officer,
5. M/s Hinduja Housing Finance Limited, Rep. by its Regional Manager, Regional Office, 15/12-12, E3, 2nd Floor, Tilaknagar, Above Andhra Bank, Revenue Colony, Kurnool-518004. 6. M/s Hinduja Housing Finance Limited, Rep. by its Branch Manager, Meda Ramaiah Mansion, 2nd Floor, Back side of the Indian Oil Petrol Bunk, J subhash Road, Ananthapur. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Mandamus, declaring the impugned e-auction notice dated. Nil for Public Notice for E-Auction-cum-sale (Appendix IV A) Rule 8 (6), issued by the 5th respondent in respect of the residential property situated at Sy.No.945/A1, D.N0.7/IIIB, Ambedkar Colony, Pamidi, Ananthapur District as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India, and set aside the same and consequently direct the respondents to rescheduling/ restructuring the loan account, and grant sufficient time to clear the due. iA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation and all further proceedings pursuant to the impugned e-auction sale notice dated. Nil issued by the 5th respondent, proposing to e- auction the property bearing Sy.
No. 945/A1, Door N0.7/IIIB, situated at Ambedkar Colony, Pamidi Village and Mandal, Ananthapur District, which is the residential house of the petitioner and her deceased husband, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI G.E. RAKESH GOUD REPRESENTING M/S. VEPAMANI YASHODA Counsel for the Respondent Nos. 1, 3 to 6: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: -- The Court made the following order:
▼ . APHC010386272025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i6 [3483] AT AMARAVATI WRIT PETITION NO: 20170 of 2025 Kamakshi Vannamma ...Petitioner Vs. The Union of India and others ...Respondents Advocate for Petitioner Sri G. E. Rakesh Goud representing Ms. Vepamani Yashoda Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th August 2025 PC : In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, “the SARFAESI Act”) provides an effective alternate remedy by way of an appeal before the Debts Recovery Tribunal, which can very well be availed by the petitioner, we do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P.,^ and United Bank of India vs. Satyawati Tondon^. 1 ' (2021) 6 see 771 ^ [(2010)8 see 110 :
2010 INSe 428}
2 The Writ Petition is, accordingly, dismissed. No order as to costs.
2. Pending miscellaneous applications, if any, shall stand closed.
Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// SEcrrdN officer To,
1. One CC to M/s. Vepamani Yashoda Advocate [OPUC]
2. One CC to The Additional Solicitor General of India, High Court of Andhra Pradesh. [OPUC]
3. Two CD Copies TF
HIGH COURT DATED:04/08/2025
ORDER WP NO. 20170 OF 2025 3 21 AUG 2025 J^urrent Sectli^^iry DISMISSING THE W.P., WITHOUT COSTS